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    监制:夏桂昌

    15/08/2019
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    To the general public, what is the law?
    Is it social rules resulting from the combination of redundant words?
    Is it complex provisions that are irrelevant and distant to them?

    The Clinical Legal Education Course (CLE) is part of the undergraduate  programmes offered at the Faculty of Law of The University of Hong Kong (HKU).  Under the guidance of professors, student volunteers assist duty lawyers in providing legal service to members of the public who are seeking legal advice.  While gaining practising experience, students also learn how to listen to and respect the people in need.  As for members of the public in need, not only do they enjoy free legal advice, but are also provided with the support throughout an exhausting litigation process.  Since its launch in 2010, CLE has handled 1 545 cases up to 3 December 2018.

    Several months ago, Ben saw a recruitment advertisement on a job search website for the position of “Guesthouse Front Desk Trainee”.  Hired after a formal interview, he hoped that the job would enable him to support his livelihood as well as pursue his further study in Japanese.

    One day, Ben checked a customer in as usual.  Soon after the customer entered the room, three inspectors from the Office of Licensing Authority (OLA) rushed into the guesthouse, while the customer who went into the room also identified himself as an undercover agent of OLA.  They took a statement from Ben on the site, charging him of allegedly “managing” an unlicensed guesthouse.  However, the person-in-charge and manager of the guesthouse, who were in higher ranks than Ben, were not prosecuted.

    Managing an unlicensed guesthouse is a criminal offence that can lead to a fine and a criminal record upon conviction.  Ben sought multiple legal advice, all of which suggested that he should plead guilty and pay an affordable fine (HKD 10,000) to prevent long judicial proceedings and high legal costs. 

    Nevertheless, Ben understood that he would have a criminal record if he pleaded guilty easily.  Not to mention that he firmly believed in his innocence since he truly was not aware that the guesthouse was unlicensed when he started working there.  In addition, it was most infuriating that the recruitment advertisement by the concerned guesthouse was still posted on the job search website after the incident.

    With nowhere else to turn to, Ben sought help from the Faculty of Law of HKU and hence was assigned with the duty lawyers and student volunteers to take care of his case.  He was found guilty in the first instance and appealed, but the duty  lawyers and the student volunteers did not give up helping him. 

    Finally, he lodged an appeal to the Court of Final Appeal, which ruled in favour of him.  Not only did the ruling clear his name, but it also changed the court’s interpretation of “manage” in the relevant legislation.

    Through this case, students at the Faculty of Law of HKU hope that the community will reflect on the legislative intent of the relevant legislation.  Aspiring to seek justice for members of the public, law students certainly aim high.  Yet, litigation is very time-consuming that it inevitably affects people’s daily lives, even if they win the case in the end.  From the trial to having his conviction quashed upon appeal, Ben underwent judicial proceedings lasting for 2 years and 4 months.  The psychological burden borne by him was indeed unimaginable to outsiders.  So how do law students strike a balance between “seeking justice” and “people’s feelings”?  In addition, what other experience and sentiment, which are not found in books, would CLE offer? 


    集数

    EPISODES
    • Imprint of the Times

      Imprint of the Times

      An individual’s fate is often not in his / her own hands in the torrent of the times.  For laymen, legal proceedings seem to have nothing to do with them.  But in fact, every detail of the legal provisions is closely related to everyone's life.

      After the reunification, by law, the interpretation of the identity of Hong Kong people and the right of abode in Hong Kong are based on Article 24 of the Basic Law.  Back then, like the other  statelesschildren who were born in the Mainland, Agnes, still a junior secondary school student, was waiting for the court’s ruling.  In 1999, the Court of Final Appeal ruled on the first case of right of abode in Hong Kong (the NG Ka-ling Case) that children of Chinese nationality born in the Mainland to Hong Kong people had the right of abode in Hong Kong, and the SAR Government had lost the case that had caused intense discussion and polarisation in the society. 

      At the end, the Chief Executive requested an interpretation of the Basic Law by the Standing Committee of the National People's Congress (NPCSC), and the ruling of the Court of Final Appeal was overturned, creating a big impact on the legal system of Hong Kong.  The incident had also caused an identity crisis of Hong Kong people and a great controversy in the interpretation of the right of abode.


      In the atmosphere of a legal controversy over the issue in China and Hong Kong, in 2001, the Court of Final Appeal ruled that under the Basic Law, Mainland children adopted by Hong Kong people have no right of abode in Hong Kong, and Agnes had lost her case.  However, as the public opinion and the Hong Kong people  sympathized with Agnes at that time, the Director of Immigration exercised his discretionary power to suspend her repatriation.  In October of the same year, the Mainland granted Agnes a one-way permit and finally she was allowed to legally stay in Hong Kong.


      After many years, the girl, who was not aware of her situation back then, was admitted to the Faculty of Law of The University of Hong Kong. She studied animal protection law in the Law School, and she took up voluntarily works at SPCA and provided legal support for it, which made her understand that if the law is outdated and cannot protect the disadvantaged, amendments should be made.  As such, she followed the  professors in the university to work on matters relating to animal protection law.

      22/08/2019
    • Redressing Injustices

      Redressing Injustices

      To the general public, what is the law?
      Is it social rules resulting from the combination of redundant words?
      Is it complex provisions that are irrelevant and distant to them?

      The Clinical Legal Education Course (CLE) is part of the undergraduate  programmes offered at the Faculty of Law of The University of Hong Kong (HKU).  Under the guidance of professors, student volunteers assist duty lawyers in providing legal service to members of the public who are seeking legal advice.  While gaining practising experience, students also learn how to listen to and respect the people in need.  As for members of the public in need, not only do they enjoy free legal advice, but are also provided with the support throughout an exhausting litigation process.  Since its launch in 2010, CLE has handled 1 545 cases up to 3 December 2018.

      Several months ago, Ben saw a recruitment advertisement on a job search website for the position of “Guesthouse Front Desk Trainee”.  Hired after a formal interview, he hoped that the job would enable him to support his livelihood as well as pursue his further study in Japanese.

      One day, Ben checked a customer in as usual.  Soon after the customer entered the room, three inspectors from the Office of Licensing Authority (OLA) rushed into the guesthouse, while the customer who went into the room also identified himself as an undercover agent of OLA.  They took a statement from Ben on the site, charging him of allegedly “managing” an unlicensed guesthouse.  However, the person-in-charge and manager of the guesthouse, who were in higher ranks than Ben, were not prosecuted.

      Managing an unlicensed guesthouse is a criminal offence that can lead to a fine and a criminal record upon conviction.  Ben sought multiple legal advice, all of which suggested that he should plead guilty and pay an affordable fine (HKD 10,000) to prevent long judicial proceedings and high legal costs. 

      Nevertheless, Ben understood that he would have a criminal record if he pleaded guilty easily.  Not to mention that he firmly believed in his innocence since he truly was not aware that the guesthouse was unlicensed when he started working there.  In addition, it was most infuriating that the recruitment advertisement by the concerned guesthouse was still posted on the job search website after the incident.

      With nowhere else to turn to, Ben sought help from the Faculty of Law of HKU and hence was assigned with the duty lawyers and student volunteers to take care of his case.  He was found guilty in the first instance and appealed, but the duty  lawyers and the student volunteers did not give up helping him. 

      Finally, he lodged an appeal to the Court of Final Appeal, which ruled in favour of him.  Not only did the ruling clear his name, but it also changed the court’s interpretation of “manage” in the relevant legislation.

      Through this case, students at the Faculty of Law of HKU hope that the community will reflect on the legislative intent of the relevant legislation.  Aspiring to seek justice for members of the public, law students certainly aim high.  Yet, litigation is very time-consuming that it inevitably affects people’s daily lives, even if they win the case in the end.  From the trial to having his conviction quashed upon appeal, Ben underwent judicial proceedings lasting for 2 years and 4 months.  The psychological burden borne by him was indeed unimaginable to outsiders.  So how do law students strike a balance between “seeking justice” and “people’s feelings”?  In addition, what other experience and sentiment, which are not found in books, would CLE offer? 

      15/08/2019